ICC says it is undeterred after Bolton threatens US sanctions

The International Criminal Court said on Tuesday it would "continue to do its work undeterred" a day after US National Security Adviser John Bolton threatened sanctions if the tribunal investigated US activities in Afghanistan.

The Hague-based court said in a statement it was an independent and impartial institution with the backing of 123 countries.

"The ICC, as a court of law, will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law," it said.

National Security Adviser John Bolton discusses "Protecting American Constitutionalism and Sovereignty from International Threats," at a forum hosted by the Federalist Society for Law and Public Policy Studies in Washington, US Sep 10, 2018. REUTERS

ICC prosecutor Fatou Bensouda said last year there was a “reasonable basis to believe” war crimes and crimes against humanity were committed in Afghanistan and that all sides in the conflict would be examined, including members of the US armed forces and Central Intelligence Agency.

Bolton said on Monday that if such an investigation was launched, the Trump administration would consider banning ICC judges and prosecutors from entering the United States, sanctioning funds they have there and prosecuting them in US courts.

The United States did not ratify the Rome treaty that established the ICC during the presidency of Republican George W Bush. Instead, it adopted the American Services-Members’ Protection Act, nicknamed the Hague Invasion Act because it authorised the use of any means necessary to free US personnel held by the court.